IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU FRIDAY, THE 2^ND DAY OF JUNE 2023 / 12TH JYAISHTA, 1945 CRL.MC NO. 3732 OF 2023 AGAINST CC 34/2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS -V, KOZHIKODE PETITIONER/ACCUSED:

HARSHAD.K P, AGED 39 YEARS, S/O ABDUREHIMAN, K P HOUSE, ULLISSERIKKUNNU, CHERUVANNUR (PO), KOZHIKODE DISTRICT., PIN - 673655 BY ADVS.

P.S.ANISHAD LIMNA BHASKARAN RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031

2 SHAHALA. M V, AGED 29 YEARS, W/O.HARSHAD K P, 52/1741, VADOOD MANZIL, CHAKKERIKAD PARAMBA, ZAM ZAM SCHOOL, ARAKKINAR (PO), BEYPORE, KOZHIKODE DISTRICT., PIN - 673028 BY ADV SMT.M.K.PUSHPALATHA, PUBLIC PROSECUTOR SRI.K.R.ARUN KRISHNAN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.06.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

K.BABU, J.

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Crl.M.C.No.3732 of 2023 ---------------------------------------

Dated this the 2^nd day of June, 2023 O R D E R The prayer in this Crl.M.C. is to quash Annexure A1 Final Report in Crime No.467/2022 of Beypore Police Station, and all further proceedings in C.C No.34/2023 on the file of the Judicial First Class Magistrate Court-V, Kozhikode, on the ground that the parties have arrived at a settlement in respect of the subject matter.

2. The petitioner is the sole accused.

3. The offences alleged against the petitioner are punishable under Sections 498-A and 406 of the Indian Penal Code.

4. Respondent No.2, the defacto complainant entered appearance through counsel. An affidavit sworn to by her has also been placed before this Court.

5. Heard both sides.

6. I have perused the averments in the petition and the affidavit sworn to by respondent No.2.

7. The learned Public Prosecutor, on instructions, submitted that the matter was enquired into through the Investigating Officer, who has taken the statement of the defacto complainant, and it is reported that the dispute between the parties has been amicably settled. The material placed before the Court shows that the entire dispute between the parties has been amicably settled and the defacto complainant has decided not to proceed further. The settlement between the parties is found to be voluntary and fair. The settlement or the compromise satisfies the conscience of the Court. It is seen that the victim agreed to settle the matter with her free will.

8. In Gian Singh v. State of Punjab [2012 (4) KLT 108 (SC)], Narinder Singh and others v. State of Punjab and Others [(2014) 6 SCC 466] and State of Madhya Pradesh v. Laxmi Narayan and Others [(2019) 5 SCC 688] the Apex Court held that the High Court, invoking Section 482 of Cr.P.C., can quash criminal proceedings in relation to non-compoundable offences, where the parties have settled the matter between themselves notwithstanding the bar under Section 320 of Cr.P.C., if it is warranted in the given facts and circumstances of the case, to ensure ends of justice or to prevent abuse of the process of any Court.

9. In the instant case, the dispute is purely personal in nature.

There is nothing to show that public interest will be compromised by quashing the proceedings. The offences in question do not fall within the category of serious offences or heinous offences.

10. The offences in the present case do not fall within the category of offences prohibited for granting permission to compromise in terms of the pronouncement of the Apex Court in Gian Singh (supra), Narinder Singh (supra) and Laxmi Narayan (supra).

11. This Court is of the view that no purpose will be served in proceeding with the matter further.

Resultantly, the Crl.M.C is allowed. Annexure A1 Final Report in Crime No.467/2022 of Beypore Police Station, and all further proceedings in C.C No.34/2023 on the file of the Judicial First Class Magistrate Court-V, Kozhikode, stand hereby quashed.

Sd/-

K.BABU, JUDGE KAS APPENDIX OF CRL.MC 3732/2023 PETITIONER ANNEXURE